Maine Revised Statutes
Part 4: CONSERVATORSHIP
18-C §5-426. Protection of person dealing with conservator

§5-426. Protection of person dealing with conservator
1.  Protection of 3rd party.  A person that assists or deals with a conservator in good faith and for value in any transaction, other than one requiring a court order under section 5-414, is protected as though the conservator properly exercised the power in question. Knowledge by a person that the person is dealing with a conservator does not alone require the person to inquire into the existence of the authority of the conservator or the propriety of the conservator's exercise of authority, but restrictions on authority that are stated in letters of office, or as otherwise provided by law, are effective as to the person. A person that pays or delivers property to a conservator is not responsible for proper application of the property.  
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Application of protection.  Protection under subsection 1 extends to a procedural irregularity or jurisdictional defect in the proceeding leading to the issuance of letters of office and is not a substitute for protection provided to a person that assists or deals with a conservator by comparable provisions in law of this State other than this Act relating to commercial transactions or simplifying transfers of securities by fiduciaries.  
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 18-C: PROBATE CODE

Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS

Part 4: CONSERVATORSHIP

18-C §5-401. Basis for appointment of conservator

18-C §5-402. Petition for appointment of conservator

18-C §5-403. Notice and hearing

18-C §5-404. Petition for protective order

18-C §5-405. Appointment and role of visitor

18-C §5-406. Appointment and role of attorney

18-C §5-407. Professional evaluation

18-C §5-408. Attendance and rights at hearing

18-C §5-409. Confidentiality of records (WHOLE SECTION TEXT EFFECTIVE 1/1/23)

18-C §5-410. Who may be conservator; priorities

18-C §5-411. Order of appointment

18-C §5-412. Notice of order of appointment; rights

18-C §5-413. Emergency conservator

18-C §5-414. Powers of conservator requiring court approval

18-C §5-415. Petition for order subsequent to appointment

18-C §5-416. Bond or alternative asset-protection arrangement

18-C §5-417. Terms and requirements of bond

18-C §5-418. Duties of conservator

18-C §5-419. Conservator's plan

18-C §5-420. Inventory; records

18-C §5-421. Administrative powers of conservator not requiring court approval

18-C §5-422. Distribution from conservatorship estate

18-C §5-423. Conservator's report and accounting; monitoring

18-C §5-424. Attempted transfer of property by individual subject to conservatorship

18-C §5-425. Transaction involving conflict of interest

18-C §5-426. Protection of person dealing with conservator

18-C §5-427. Death of individual subject to conservatorship

18-C §5-428. Presentation and allowance of claim

18-C §5-429. Personal liability of conservator

18-C §5-430. Removal of conservator; appointment of successor

18-C §5-431. Termination or modification of conservatorship